Written evidence submitted by Bernard
Farrell-Roberts
I must admit to being extremely surprised that the
Welsh Government is considering moving to such a radical new stance
on the autonomous right of the individual to self-determination,
especially when according to the research I have carried out there
is no empirical evidence that demonstrates that such a move will
lead to a raised availability of vital human organs for transplantation.
The effects in countries where legislation has been introduced
of this nature has been marginal, or in some cases negative, due
to an adverse reaction to the State "assuming" a right
to everyone's body post death.
In Spain, where assumed consent is the norm, there
is no attempt to use the law as some successful civil suits called
into question the right of the State to assume consent, following
which other avenues were pursued and now they have the finest
organ donation and transplantation system probably in the world,
with a surplus of certain organ availability, and consent being
requested in every case. This is a clear indication that no such
change in the law is required, just a very professional organ
transplantation system and organization.
I find the radical step of taking possession of all
human bodies unless otherwise made explicit to be a very disturbing
shift in the way the State treats individuals. Every individual,
as part of their autonomous human right, must be able to determine
what happens to their body in both life and death. The decision
to donate part or all of that body should rest with the individual
and be a positive and proactive act of giving by the individual,
not a passive act of omission. This giving of self is a very fundamental
and necessary part of human nature and society, and is always
applauded by the rest of society. We should not take this away
from the individual.
I encourage you very strongly not to change the laws
as they stand on this point. To do so would not only be a gesture
rather than an act that brings any genuine benefits, and may well
cause considerable harm to the social fabric of our society.
January 2011
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